Opinion
November 2, 1967
Order entered June 14, 1967 dismissing proceeding under section 619 Bus. Corp. of the Business Corporation Law for insufficiency of the petition reversed on the law, with $50 costs and disbursements to petitioner-appellant, and the respondents' motion denied. Under section 619 Bus. Corp. of the Business Corporation Law, judicial review of corporate elections is broadened to authorize the court to "take such other action as justice may require." The enlarged power of the court permits it to hear the proof and allegations of the parties as to all issues relevant to the validity of corporate elections. ( Matter of Unbekant v. Bohl Tours, 21 A.D.2d 317, app. dsmd. 14 N.Y.2d 959; Matter of Carter v. Muscat, 21 A.D.2d 543. ) There is being handed down with this disposition, our determinations affecting prior appeals taken by these parties ( Crass v. Budd, ante, p. 1096) which will entail a trial of issues which have much in common with the issues of law and fact presented in the instant proceeding. It would therefore be advisable for the Special Term to order a joint trial of all actions and proceedings between the parties involving the corporation.
Concur — Stevens, J.P., Eager, Steuer, Tilzer and McNally, JJ.